Garrison v. Blanton
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. A. J. Booty. Many witnesses were examined in this case, but it is believed that sufficient reference is made to their evidence in the opinion, which gives all the facts material to a proper understanding of the case, except only the charge of the judge regarding the mental capacity necessary to a valid will.
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Appeal from Rusk. Tried below before the Hon. A. J. Booty. Many witnesses were examined in this case, but it is believed that sufficient reference is made to their evidence in the opinion, which gives all the facts material to a proper understanding of the case, except only the charge of the judge regarding the mental capacity necessary to a valid will. That portion of the charge referred to in the opinion is as follows: “You will look to all the evidence before you; and if you believe from the evidence that the said Letitia H. McClarty had, at the time of making said will, sufficient mental…
1Opinion of the Court
Roberts, Chief Justice.
This is a proceeding instituted in the District Court to set aside the will of Letitia B. McClarty, on two grounds: 1st. For want of mental capacity to make a will. 2d. Because said will was made under an undue influence, exercised upon her by her son, to whom the will gives the whole of the property mentioned in it.
The verdict of the jury affirms the first ground, and negatives the second.
By the judgment of the court, the will is set aside, and the real estate left by said Letitia B. McClarty, with its reasonable rents accruing since the commencement of the suit, were…
2Cases cited3 opinions
- Renn v. SamosTexas Supreme Court · 1871
- Thomas v. StateTexas Supreme Court · 1874
- Reynolds v. DechaumsTexas Supreme Court · 1859
3Cited by13 opinions
- Brown v. MitchellTexas Supreme Court · 1895
- Brown v. MitchellCourt of Appeals of Texas · 1889
- Bragg v. HughesCourt of Appeals of Texas · 1932
- Campbell v. CampbellCourt of Appeals of Texas · 1919
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
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